.................... moves to amend H. F. No. 305, the second engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2006, section 144.412, is amended to read:
1.4144.412 PUBLIC POLICY.
The purpose of sections
is to protect
the public health, comfort
1.6 and environment by prohibiting smoking in areas where children or ill or injured persons
1.7 are present, and employees and the general public from the known hazards of smoke
public places and at public meetings to designated
1.9 smoking areas the state of Minnesota
Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
1.12 Subd. 1b. Place of employment. "Place of employment" means any area at which
1.13individuals perform any type of a service for consideration of payment under any type of
1.14contractual relationship, including, but not limited to, an employment relationship with
1.15or for a private corporation, partnership, individual, or government agency. Place of
1.16employment includes any area where individuals gratuitously perform services for which
1.17individuals are ordinarily paid. A place of employment includes, but is not limited to,
1.18public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet
1.19facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges,
1.20auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling
1.21establishments, employee medical facilities, and rooms or areas containing photocopying
1.22equipment or other office equipment used in common. Vehicles used in whole or in part
1.23for work purposes are places of employment during hours of operation if more than one
1.24person is present. An area in which work is performed in a private residence is a place of
1.25employment during hours of operation if:
2.1 (1) the homeowner uses the area exclusively and regularly as a principal place of
2.2business and has one or more on-site employees; or
2.3 (2) the homeowner uses the area exclusively and regularly as a place to meet or deal
2.4with patients, clients, or customers in the normal course of the homeowner's trade or
Sec. 3. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:
Subd. 2. Public place.
"Public place" means any
area used by the
or serving as a place of work
, including, but not limited to, restaurants
2.9bars; any other food or liquor establishment;
and other commercial
, public conveyances,;
educational facilities other than public schools,
as defined in section
120A.05, subdivisions 9, 11, and 13
and common areas of rental apartment buildings
2.13 but excluding private, enclosed offices occupied exclusively by smokers even though
2.14 such offices may be visited by nonsmokers
Sec. 4. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:
Subd. 4. Smoking.
"Smoking" means inhaling or exhaling smoke from any lighted
2.17cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also
carrying a lighted cigar, cigarette, pipe, or any other lighted
smoking equipment tobacco
2.19or plant product intended for inhalation
Sec. 5. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
2.22 Subd. 5. Public transportation. "Public transportation" means public means of
2.23transportation, including light and commuter rail transit; buses; enclosed bus and transit
2.24stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated
2.25by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.
Sec. 6. Minnesota Statutes 2006, section 144.414, subdivision 1, is amended to read:
Public places Prohibition on smoking. Smoking shall not be
2.28permitted in and
no person shall smoke in
a public place or at a public meeting except
2.29 in designated smoking areas the state of Minnesota
This prohibition does not apply in
2.30 cases in which an entire room or hall is used for a private social function and seating
2.31 arrangements are under the control of the sponsor of the function and not of the proprietor
2.32 or person in charge of the place. Furthermore, this prohibition shall not apply to places of
2.33 work not usually frequented by the general public, except that the state commissioner of
2.34 health shall establish rules to restrict or prohibit smoking in factories, warehouses, and
3.1 those places of work where the close proximity of workers or the inadequacy of ventilation
3.2 causes smoke pollution detrimental to the health and comfort of nonsmoking employees.
Sec. 7. Minnesota Statutes 2006, section 144.416, is amended to read:
3.4144.416 RESPONSIBILITIES OF PROPRIETORS.
The proprietor or other person
in charge, firm, limited liability company,
3.6corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
of a public place, public transportation, place of employment, or public meeting
make reasonable efforts to prevent smoking
in the public place
posting appropriate signs
3.10 (b) arranging seating to provide a smoke-free area;
3.11 (c) asking smokers to refrain from smoking upon request of a client or employee
3.12 suffering discomfort from the smoke; or
3.13 (d) or by
any other means which may be appropriate; and
3.14 (2) asking any person who smokes to refrain from smoking and, if the person does
3.15not refrain from smoking after being asked to do so, asking the person to leave. If the
3.16person refuses to leave, the proprietor, person, or entity in charge shall handle the situation
3.17consistent with lawful methods for handling other persons acting in a disorderly manner
3.18or as a trespasser.
3.19 (b) The proprietor or other person or entity in charge of a public place, public
3.20meeting, public transportation, or place of employment must not provide smoking
3.21equipment, including ashtrays or matches. Nothing in this section prohibits the proprietor
3.22or other person or entity in charge from taking more stringent measures than those under
3.23sections 144.414 to 144.417 to protect individuals from secondhand smoke. The proprietor
3.24or other person or entity in charge of a restaurant or bar may not serve an individual who
3.25is in violation of sections 144.411 to 144.417
Sec. 8. Minnesota Statutes 2006, section 144.417, is amended to read:
3.27144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
Subdivision 1. Rules.
The state commissioner of health shall adopt rules
necessary and reasonable to implement the provisions of sections
3.30 except as provided for in section
(b) Rules implementing sections
144.417 adopted after January 1, 2002,
3.32 may not take effect until approved by a law enacted after January 1, 2002. This paragraph
3.33 does not apply to a rule or severable portion of a rule governing smoking in office
3.34 buildings, factories, warehouses, or similar places of work, or in health care facilities. This
3.35 paragraph does not apply to a rule changing the definition of "restaurant" to make it the
3.36 same as the definition in section
157.15, subdivision 12 .
Penalties Violations. Any person who violates section
4.2 144.4165 is guilty of a petty misdemeanor. (a) Any proprietor, person, or entity that
4.3owns, leases, manages, operates, or otherwise controls the use of an area under sections
144.417, and that knowingly fails to comply with sections
144.414 to 144.417,
4.5is guilty of a misdemeanor.
4.6 (b) Any person who smokes is guilty of a petty misdemeanor.
4.7 (c) A proprietor, person, or entity in charge of a public place, public meeting, place
4.8of employment, or public transportation must not retaliate or take adverse action against
4.9an employee or anyone else who, in good faith, reports a violation of sections 144.414 to
4.10144.417 to the proprietor or person in charge of the public place, public meeting, place of
4.11employment, or public transportation, or to the commissioner of health or other designee
4.12responsible for enforcing sections
4.13 (d) No person or employer shall discharge, refuse to hire, penalize, discriminate
4.14against, or in any manner retaliate against any employee, applicant for employment, or
4.15customer because the employee, applicant, or customer exercises any right to a smoke-free
4.16environment provided by sections
144.414 to 144.417 or other law.
Subd. 3. Injunction.
The state commissioner of health, a board of health as defined
145A.02, subdivision 2
, or any affected party may institute an action in any
court with jurisdiction to enjoin repeated violations of
4.20sections 144.414 to 144.417
Sec. 9. FREEDOM TO BREATHE ACT.
4.22 This act shall be referred to as the "Freedom to Breathe Act of 2007."
Sec. 10. REPEALER.
4.24Minnesota Statutes 2006, sections 144.413, subdivision 3; 144.414, subdivisions 2
4.25and 3; and 144.415, are repealed.
Sec. 11. EFFECTIVE DATE.
4.27 Sections 1 to 10 are effective August 1, 2007.
Amend the title accordingly